This Part sets out the
criteria that the Registrar must apply in deciding whether to make
certain determinations in relation to an Aboriginal and Torres
Strait Islander corporation or a class of Aboriginal and Torres
Strait Islander corporation.

(2) In deciding for the purposes of subsection (1)
whether the current reporting obligations are, or the proposed
reporting requirements would be, appropriate in the circumstances,
the Registrar is to have regard to:

(a) the services (if any) provided by the corporation or
corporations; and

(b) the consequences if the corporation or corporations
stopped providing those services; and

(c) whether the corporation or corporations are regarded by
the Registrar as being of a high risk of becoming insolvent or of
failing to comply with the reporting requirements under the Act
(because of the corporation’s or corporations’
purposes, structures, or compliance histories); and

(d) any other matter the Registrar considers relevant.

Unreasonable burden

(3) In deciding for the purposes of subsection (1)
whether the current reporting obligations impose, or the proposed
reporting obligations would impose, an unreasonable burden on the
corporation or corporations, the Registrar is to have regard
to:

(a) the expected costs of complying with the obligations;
and

(b) the expected benefits of having the corporation or
corporations comply with the obligations; and

(c) any practical difficulties that the corporation or
corporations face in complying effectively with the obligations;
and

(d) any unusual aspects of the operation of the corporation
or corporations during the financial year concerned; and

(e) any other matters that the Registrar considers
relevant.

(4) In assessing expected benefits under
paragraph (3)(b), the Registrar is to take account of:

(a) the number of creditors and potential creditors; and

(b) the position of creditors and potential creditors (in
particular, their ability to independently obtain financial
information about the corporation or corporations); and

(c) the nature and extent of the liabilities of the
corporation or corporations.

(1) The current reporting obligations are the
obligations that the corporation or corporations would have under
Part 7-2 or 7-3, or under regulations made for the
purposes of Part 7-2 or 7-3, if the determination
were not to be made.

(2) The proposed reporting obligations are the
obligations that the corporation or corporations would have under
Part 7-2 or 7-3, or under regulations made for the
purposes of Part 7-2 or 7-3, if the determination
were to be made.